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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the criminal offense of sale, |
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distribution, or display of harmful material to a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.24(a)(2), Penal Code, is amended to |
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read as follows: |
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(2) "Harmful material" means material that [whose |
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dominant theme taken as a whole]: |
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(A) appeals to the prurient interest of a minor, |
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in sex, nudity, or excretion; |
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(B) is patently offensive to prevailing |
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standards in the adult community as a whole with respect to what is |
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suitable for minors; and |
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(C) is [utterly] without redeeming social value |
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for minors. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |